Lee v. United States

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.

Lee v. United States

  • Case No.: 16-327
  • Jurisdiction: United States Supreme Court
  • Brief Filed: February 08, 2017

Briefs

Prior Decision

Decision below 825 F.3d 311 (6th Cir. June 8, 2016).

Argument(s)

Courts are improperly positioned to assess whether the decision to go to trial is rational. Rejecting a plea bargain is rational because it might lead to more favorable outcomes. The decision to invoke his right to trial grants a noncitizen defendant the chance to avoid deportation, and that chance in itself makes declining a plea bargain rational. "Funny things happen" at trial. Presuming that defense counsel will use strategy as a guise for incompetence offends the ethical standards defense attorneys are bound to uphold.

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Author(s)

Jeffrey T. Green and Lindsay N. Walter, Sidley Austin LLP, Washington, DC; Barbara E. Bergman, NACDL, Washington, DC; Sarah O'Rourke Schrup, Northwestern University Supreme Court Practicum, Chicago, IL.

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